The White Cliffs of Native Title By James Reed

The opal mining settlement of White Cliffs in far north-western NSW, was subjected to a successful land title claim, with native title being granted to the local Barkandji people by the Federal Court in 2015. It is hot out there, and residents, read, mainly Whites, spend their savings building underground homes. But they will not ever own those homes, having at best a perpetual lease. Some residents say that the conditions of the lease are unreasonable. "Ken Harris, who has lived in a White Cliffs dugout since 1971, said the department could order residents to undertake improvements at their own expense then determine forfeiture of the lease and take ownership of the property.

The leases also include a 'morality clause' which prevents a dugout resident from engaging in any conduct which brings the department into 'disrepute, contempt, scandal or ridicule'.

'It's like having an axe over your head,' Mr Harris said."

Native title now covers at least half of the Australian continent, and new claims are constantly being filed. We have the High court of Australia in Mabo (1992) to thanks for setting this regime off, and putting an axe over the heads of Australians.

https://www.dailymail.co.uk/news/article-12821491/White-Cliffs-dugouts-native-title-opal.html

"Residents of an outback Australian town who spent their savings building underground 'dugouts' will never own their homes due to a native title judgment.

The closest the occupants of the dugouts at White Cliffs in far north-western NSW will come to home ownership is agreeing to a perpetual lease with conditions some say are unreasonable.

White Cliffs is about 1,000km from Sydney and at the last census had a population of 156 who escape temperatures which regularly surpass 40C in summer by living in homes dug into the earth.

The opal mining settlement was part of a successful land title claim granted to the local Barkandji people by the Federal Court in 2015.

Just five of the residents recorded in the 2021 census identified as Indigenous. The nearest major Aboriginal community is at Wilcannia, about 100km south.

Many of the 121 dugouts - in which temperatures are a steady 20C to 22C - are now substantial structures with three to four bedrooms and all the conveniences of an above-ground dwelling.

Before the Barkandji were granted native title, many dugout dwellers had hoped to be given the opportunity to own their homes outright and some spent hundreds of thousands of dollars improving the structures with that in mind.

The state government had indicated residents would be able to turn their dugout licences into freehold ownership but it was later determined that doing so would extinguish native title.

Following confidential negotiations between Crown Lands and the Barkandji, an Indigenous Land Use Agreement was reached in 2021 which authorised the granting of perpetual leases for all the dugouts, but nothing more.

Crown Lands described that arrangement at the time as a 'win-win' which provided permanent security for White Cliffs residents and recognition of the Barkandji people's rights.

Residents were given until December 15 to sign perpetual leases but that deadline has been extended so that the conditions of those contracts can be refined.

One long-term dugout lease-holder said the terms of the lease were 'horrendous' and included excessive and trivial criteria that could lead to a contract being terminated.

The lease agreements provide no compensation upon forfeiture, with all improvements made to the dugout passing to the Department of Planning and Environment as the landlord.

Among a perpetual lessee's obligations are to 'promptly repair or replace any stained, worn or damaged carpet' and to 'immediately replace broken or faulty light bulbs and tubes'.

Ken Harris, who has lived in a White Cliffs dugout since 1971, said the department could order residents to undertake improvements at their own expense then determine forfeiture of the lease and take ownership of the property.

The leases also include a 'morality clause' which prevents a dugout resident from engaging in any conduct which brings the department into 'disrepute, contempt, scandal or ridicule'.

'It's like having an axe over your head,' Mr Harris said.

'If you say anything, you're out.'